Brief Facts
- The Complainant lodged the FIR under Section 376 IPC alleging that the Petitioner developed sexual relationship with the Complainant under the false pretext of marriage.
- The Petitioner has filed a petition for quashing of FIR on the ground that after registration of FIR, the parties executed compromise indicating that the FIR was registered due to misunderstanding and that the parties eventually got married and lived a happy married life. The version of the Petitioner was supported by the Complainant before the High Court.
Issues
- Can an FIR involving the allegations of rape under Section 376 IPC be quashed if the parties have settled their differences by getting married?
Held
- The High Court allowed the Petition and quashed the FIR based on compromise and the factual of marriage between the parties. However, it was clarified that this judgment would not act as a precedent.
- In view of the aforesaid factual situation and looking the recent laws laid down by the Hon’ble Supreme Court in the case of Jatin Agarwal (Criminal Appeal No. 456/2022) and Appellants v. State & Anr., Criminal Appeal Nos. 394-395 of 2021 and perusal of material available on the record, it is clear that result of the trial is obvious and would indicate about acquittal of the petitioner, therefore, this court has no hesitation to hold that the criminal proceedings initiated against the petitioner vide FIR No. 88/2022 is nothing but an abuse of the process of law, and for the ends of justice this court can exercise the powers provided under Section 482 Cr.P.C. by setting aside the criminal proceedings initiated against the petitioner.
Relevant Para No.
20, 21